L
THE - HONGKONG" DAILY PRESS, PRIDAY,
-Ordinance No. 7 of 1917. 3-It is ant, however, proposed to re peal Ordinance No. 3 of 1915, since that This wction is allowed to stand because
JUNE AND, 1892
THE DEVELOPMENT OF BANSET IPO, The Governor recommended the Council
FORGERY ORDINANCE. The ATTINEN TIENERAL moved the first randing of a Bill intituled An Ordinanó Ordinane supplies a simple method of it appears that the possession of the to vote a sum of $8,000 in wid of tho
to consolidate, simplify, and amend the forcing strictions on imports and exports should occasion arise, and will law relating to forgery and Kindred further be of use for the present in isla nos think, sir, I can restricting the movements of such articles
Offencer
Ho maid:
wrappers and labels would not be offence under the bill, though possession of the dies would be an offence.
an vote Public Works, "Extraordinary. New Communications, (101) Territories, Roads: (b) General Works,
23-With reference to the cases in which
The CHARMAN: The rapid completion
ay much on this Hill, because it is prae- a coia, arms, etc., the expor" of which an offener under the bill would also be fof new buildings at Shamsuipo has never
tically a transcript of the English For- gery Act of 1912. which would no have been introduced here some years age excipt for the war. Our criminal and on the English criminal law and we generally try to keep page with amend ments made in England by the introdue tion of similar provisions here. One advantage is that we get the benefit of
En criminal
Jaw
MISDEMEANOURS PUNISHMENT (AMENDMENT) ORDINANCE,
mon
That
The CHAIRMAN: No; thug Götues under Maintenance." This is making roads and Public Works Extraordinary; main- tenance comes unter Public Werks Recurrent."
Approved.
A POLICE VOTE..
The Governor recommended the Council
The CHAIRMAN: The vote is $3,300, and| this is due to the full in exchange The polis has a privileged rate of remit- ting a certain part of their pay
Approved.
1:
FIR DE VOTS,
The Governor recommended the Council to vote a sum of $2,500, on seeount of Fire Brigade, Special Expenditure, Exten sion Ladder.
An an offence under terms of me other stated pushing on with the new roads. it is still desirable to prohibi
Hou. Alr. BIRD: Does this include ro Order in Council under Ordinance No. 32 netent, attention is directed to clause doubt of 1915, draft of which appeared in the 17 (2), which provides that in such a ese pairs to existing rondis?"
Supplement to the Gazette of the 5th proceedings may be taken either under the under the other way. 19, will be issued simultaneously when pased or
with the passing of the Ordinau. effect the sepeal of all existing rules and enactment, orders under the Ordinance to prohibit the part of these particular, artides, except wit
with the express permission of the
The ATTORNEY-GENERAL moved the firet Superintendent of Importa and Exports.
The new bill avoids the present reading of a Bill intitaled An Orilinanes cumbersome system of duplicate hermits to amend the Mistledieanours Punishment
1593. the "latest decisions on the corresponding for imports and exporta by providing Ordinance, prosent, under the prin to vote a sum of $8,000 in wil of the
The Bill that the actual bill of lading or other He "said:" sections of the English Acts."
document bo
Importa cipal stamped by the
Ordinance, the maximum penalty may itself is. I think, a useful and Exports Office, and the forms to be for misdemeanours not specially dealt vote Police, Other Charges, Equalization the law on the subject because it very used are considerably simplified. The with by statute is one year, and a line of of Eschunge on Lnding Policy Remitt
$100. That seems much too low for gottie ances much simplifies the existing statutory law wair. fonetion of the Imports and Exports reisting to forgery. The present Ordin Office, will be the collection of frude misdemeanours; for example,
I have given another statisties and the Superintendrat of Ith haw forgery is one.. ance of 1945 is one of the old fashed ports and Experts will no longer possess instance in the Objects and Reasons: the enactments which are rather long-winded the power to grant or refuse permits in police attempt to seize a gang of armed and repeat constantly the phrase forges, his discretion except as regards articles pa their way to commit, rolberg; prohibited under the Order in Canteil, one of the gang calls on another to re In the test place, as our criminal on the police to prevent arrest; the alters utters and puts off. The langu
is based mainly on the English mashroum penalty is con gear. age of the Bill is very much amplified law
*** is dealt with in ne sretion, criminal law it is civiously desirable tecas actually occurred, and it seems to me Bittering
bring our law up to date so as to maken a radiculos penalty for such an offence. instead of being mattered all through the it conform with
The Bill proposes to increase the penalty statute, as in the present Ordinance, and legislation.
way, also, we for misdemeanours, generally, to three I think the Bill will enable us to catch the benefit of the lates. English degisions. years and a fine of $1.000, but it does not wome cases of forgery that are diflent to A further wall point is that adopting affect misdemeanours which already have catch at present. I have dealt with the ach an Act as the Forgery Act, 191, may some higher penalty attached to them by Bilk in detail in Objects and Reasons and be a convenience in the adoption of other statute. I beg to move the first reading.
example, the For. unt think I need say anything more
The COLONIAL SECRETARY seconded, thei For English
motion was carried and the Bill was read the first reading. gory Act, 1000 repeals. part of Auction it.. brg to move
in the Companies Consolidation - Aft, |à first
ime The COLONIAL SECRETARY died. The resolution wag agreed to, and the 1985, which deals with question of for
Tf Bl
a first me
Kry reud
we were adepling the Com- 1. Ordinance No.. 1 of 180s provides The Objects and Reams give
panies Consolidation let, 150, it might has the maxinant penalty for certain As stated in the long title, the object very well be that this particular forgery specified conspiracies shall be three years of this bill is to consolidate, sitaplify and
provision. relating to forgery and our dedi uld be necessary in impriscement and a fine of 8500 It also
would b amend the Taw
overlooked. provides that the maximum penalty for kindred offences.
This is merely an example, we of course full other misdemeanours, unless otherwise The hill propeses va pead the we have already lopted the Companies specified in some Act or Ordinance, shall greater part of the Forgery Ordination, Consolidation Act. 1908.
be one year's imprisonment and a fine of The Governor recommended the Council! 8 Oje advantage of the bill is that it $500. This The portions of that Ordinance
masimon penalty seems too to vote a sum of $15,502 in aid of the vote SLET misdemeanours. For Post Ollie, Other Charges Repairs and which are to be left unrepealed deal with contains in clause a wide and careful low matters which either would not property driinition of forgery. The preamt Ordin-xample, it does not seem to be enough Stores, Radio Telegraph Branen.
"The ChairMANA fur forgery, yet they effect of the section come within the spe of this bill be couldance contains no deGnition of forgery
The Admiralty advis The The arrangement of the bill is much is to make one year the waximum med us in 1 that our existing notor not conveniently inserted in it. sections which are to be left standing simpler than that of the existing Ordin prisonment for all common law forgeries alternator was wearing out, very rapidly, wholly or in part, are sectious 3, 5 7, 8, une For example section after section Again, by virtue of this provision, if the and we had no spars, and we must have of the Ordinance repeats the phrase, police surprise a gang of armed men on 30, 35, 37, 36, 44 and to 0.
a spare in order to be able to step the. 3.As the bill follows closely forges or altere, or offers, utters, dis their way to commit a robbery, and one existing machine and overhaul it. English
Forgery A 1972.
# and poses of, or pute off." or some similar of the gang incite another to fire at the purchase of one was approved, but it did and he the Forgery phrase. In the bill attering is dealt with police in order to prevent the arrest of not come last year. The total expondi-
based on the once for all in clause 8.
any of the gang, the maximum term of English Fenery Ordinanc»," 1985,
The language is also simplified. imprisonment is only one year. The bill, ture was 53,429 and this is the equival- 25 fit, & 6s, it has not been For example the rise afters." for all misdemeanours to three years fin- therefore, proposes to raise the maximum thought messsary to prepare a table
"forges or of counterfeits "
Gne of 21.000, unless of bill and the serions of the existing definit
definiting in clause 3 enables the single Ordinancesch as in asal in the CLAY
Į
du
en
Ged: 5, LA Ordinance
MALICIONA
which
The Objects and Reasons state:
correspondends between, the clauses of the run right through the Ordinance. The prisonment maximum penalty is
of consolidating bills. The preparation
to be used throughout. the Ordinance it
often
The RAUMAN: This includes a vúte of 81 last year which lapsed because the indders had not come
Approvest
RAFIS) TESERAPH.
The Governor recommended the Council to vote a sum of $5,000 in aid of the vota Post Office, Other Charges Repairs and Stores, Radio Telegraph Branch.
The CHAIRMAN: The papers concerning
this have been sent round to numbers. It was found that the new battery for at the (wireless station was urgently required.
Approved.
ent.
Approved.
•
WIDENING QUEEN'S ROAD EAST,
The
have been-& mutter„ of some difedity. (PF given wet of facts and in spite of demanor has been laid Particular mis/vote Public Works, Extraordinary: Hong
the
it Ordinance
coura: some
ovided by some other enactment.
England,
where the maxi- except
down by
statute.
imposed for a misdemeanour, except bonnet to the penalty which may the provisions of Magna Charta and the Bill of Rights against excessive fines...
of such a table in the preant case would difficult to discover the proper action for mum penalty for and the table wald wat have been of the partikularity of arriage to the considerable re arrangments of provisions which have been made.
4-The reasons for the proposed legisla tion are as follows:-- REGISTRATION OF IMPORTS, AND
EXPORTS ORDINANCE. The ATTORNEY-GENERAL moved the first reading of a Bill intituled An Ordinance to provide for the registration of imports
and exports.
often necessary to lay a charge under the common law. The bill will avoid much of this difficulty, and is contains in clause 6 a general clause providing for any document which is any forgery of
not
I dealt with in the bill.
bill is also more comprehen. sive din other ways. For example, a case occurred weently in which a person had
false chop cut, intending to use it for the purpose of concealing from his em ployer a certain fraud which he intended
THE ADJOURNMENT.
H.E. THE GOVERSOR: The Council will adjourned "until this, day week at 2.30 c'clock,
FINANCE COMMITTEK
A meeting of the Finance Committee
to commit en bis employer. This appears was afterwards held, the Colonial Secre-
The Governor recommended the Council to vote a sum of $20,000 in aid of the kong, Communications, (23) Ronds (9) The CHALIMAS; This Council has ap Queen' Raul Fast.--Widening to 10 feet. proved the policy of widening Queen's Road East as houses are pulled down. It has not been thought advisable to pro ced with the widening unless houses are coming down because before very long there will be a 100-fe, road close to it, but the opportunity to widen Queen's Road East is taken as it occurs.
Approved.
MOTOR PUMPS FOR THE FIDE BRIGADE The Governor recommended the Council to vote sun of 7.000 on necount of Fire Brigade, Special Expenditure, two motor pumps.
The CHAIRMAN: $6.400 was voted last
ewus insufficient.
He said: The object of the Bill is to to be no offenen under the existing law,tary presiding.. provide for the collection of trade statis but it would fall under clause 7 (4) (6)* añANT TO THE HOYAL ASIATIC SOCIETY. tics 1s is understood that the commer of the bill.
The Governor recommended the Council cial community derive considerable bese 11. Clause 16 of the bill donls with to vote a sum of $192 on
account. of at present and which have been collected rules 5 and 7 of the rules contained in other Institutions. Royal Asiatic Society. At from the figures which are published matters which are also dealt with under Miscellaneous Services, Grant in aid of ear, but representations were made that i so far, under the powers, given by the
The CHAIRMAN: The papers regarding Importation and Exportation Ordinance, 1918. That Ordinance was passed during
this have been circulated, and the vote the war and is primary object was, of
Ordinance, 1918, but the clause is of wider extent than these rules, and it is there fore included. It
the First Schedule to the. Indictments
may he
course, to control trade with the object the same position exists remarked that has been approved.
England with regard to the indictment rules in fores there and the corresponding action in well
the English Forgery Act of 1913.
Approved.
PURCHASE OF TYPEWRITERS. The Governor recommended the Council to vote a sum of 965 in aid of the vote Education, A.-Department of Director of Education, Special Expenditure, 4 Type writers.
now l
Hon. Mr. Lowe: Will these pumpa reach the highest building contemplated
The CHAIRMAN Yes; I think so, un doubtedly. They were got with that in- tention..
Approved,
+
A RAILWAY YOTE The Governor recommended the Council to rote a sum of $1,500 on account of Kowloon Canton Railway, Special Ex- penditure, Conversion of China Light and Power Co.'s premises.
of preventing trading with the enemy, also of preventing articles which be useful in the enemy, from getting into enemy hands. That Ordinance given the 12-In the following cases it has en Superintendent absolute power to refuse devided not to repeal or amend actions permission to import and export and in the existing Ordinance dealing with such power does not seem quite suitable forgery and all
allied
offender
The CHALEMAN The rot, was inserted to times cf presc
The new system, which
licancs No. 1 of 1944, s. 24. This will come into force with this Bill, i's
deals with matters other than in the Estimates, and this 206 is a sum
The CHAIRMAN: It was arranged with simply one under which importers and forgery, and it would be difficult in dis over and above the amount estimated.
entangle the
Approved. forgery provisions. Besides, exporters and the shipping companies
the Company when they moved that we! will report to the Superintendent the provides a higher maximum penalty
PURCHASE OF A MOTOR-CAR,
would take over their buildings, and them jaiportation and exportation of Avery
Than the sub-clause in the" bill' under
The Governor recommended, the Council have been convertd into a repairing garage. thing which uses into or out of the which the furgery of Land Office records to voty a sum of $2,000, ou account of for Government vehicles and provide port On their, making the report on the would otherwis fall. usual proper form, the Superintendent
Police Department, Special Expenditure, quarters for the railway staff.„ Purchase of a Motor car.
Approved. will sign or stamp the statement or bill of lading, or invoice or shipping orders as the caso muy be, and upon receiving that, the importer will get delivery from ship or godown, or the exporter can export his goods.
no power seems
is
14-Ordinance No. 3 of 1858, 88, 46 and
The CA: In the estimates 2000) ESTENSION OF THE MONGKORTSU)" NULLAH.
The Governor, recommended the Council
$7. The provisions, relating to preses. have long been chsojete, and in any case the amendment of this Ordinance is under was approved for a car for Kowloon; and consideration,
the Captain-Superintendent of Police has to vote a sum of 83,707 in aid of the
15. Ordinance No. 4 of 1890, s. 3. It found it more convenient to have this car to: Public Works, Extraordinary, Kow-
not to make the Ordin-in Victoria and the other in Kowloon. It
段 Approved.
ance
w extracting one parti-is simply a matter of accounting.
under this Ordinance to refuse permission rulat provision. Besides, forgery of for xportation or importation, It is
trade mark is specially defined in section not
however, to repeal the Ordinance, No. 32 of 1015-the
4 of the Ordinance, and that section pro.
The Governor recommended the Council viding for Exportation
burden of proof in a particular Ordinance!
corresponding section in the to vote a sum of 23,150 in aid of the
tion und
The
HARBOUR OFFICE VOTE. "
loon, Draining Nullahs: (c) Extending Mengkektsui Sullah to boundary of Old Kowkxn.
The CHAIRMAN
$0.000 was voted for
this in 1912 and only $10,300 was spent. 10,000 was voted for this year. This is a
it containg a useful power of restricABS English Act has act been, amended, by the vot, Harbour Master's Department. Per-¡ revote for $50,000, less the amount speat)
1913.
the importation and exportation of cer. tain articles which might still to be Forgery Act,
10.-Ordinatice No. 4 of 154, n. 6. This restricted in times pasce; for example, of silver
dollar
section deals with ather offences relating Hongkong mubaidiary coins.
to telegrams as wel!
to forgery of tein non-industrial arms, and ammunition.
The corresponding section the It is proposed grams. explosives, and so on. that when this Bill is parsed an Order English Act has not been repealed:"
17 Ordinance No. 10 of 1990, 8 4 (1H),
in Council should be made under the Similar remarks auply to this rection.
still
and Exportation Ordinance
the present rules 05 imports
exports permite, and simply provid. The corre
the four cory of articles which A require permisson. such as silver
B
A
Donal Emoluments.
The CHAIRMAN: The deputy shipmaster has gone on leave and. Mr. Bayliss, of the Eailors' Home, his taken his place This vote is for his salary...
Approved.
HARBOCE DEVELOPMENTS.
No. 40 of 1900. 1. 69. The Governor recommended the Council
of the English to vote a son of 84,500 on, account of
Public Warka, Extraordinary, Harbour Developments.
this year.
Approved.
The Governor recomminded the Council to vote a sum of $134 on account of Eda- cation, A.Department of Directar of Kowloon British School. (Furniture and Materials).
The CHAIRMAN:
This is last year's vote. The materials arrived this year.
Approved.
GRANT. TO IMPERIAL INSTITUTE, The CHAIRMAN: This is on account of The Governor recommended the Comil expeunes incurred in taking horings for to vote a sum of $6,002 in aid of the vote Miscellaneous Services, Grant in nid Sir Maurice Fitzmaurice.
Approved.
of Other Institutions: Impérial, Ire IMPROVEMENTS TO SUBORDINATE OFFICES!titute:-
QUARTERS.
1921
1099
$1,104.00 2,808.00
$8,002.00
:
haa not been 19.-Ordinance No. of 1911, sections dollar
A draft of that crder, 10, 11 and 12 The corresponding sections A I think, has been circals
alated to honourable in the English Act have been repeated members and laid on t
on the table. I beg
or in part, but it is more difficult to wholly
to disentangle the forgery provisions from Μονο the first reading woonded, the section 10 of the boys Ordinianos than
The COLONIAL SECRETARY
ion in the resolution was carried and the Bill was from the corresponding section
English Act. Besides, leaving the section Toad d first time
standing makes the Ordinance more com- The Objects and Reasons etate:--
Total 1 The cbject of this bill is to simplify plete On the whole it has been decided the collection of trade statistics, and at not to touch these thma andions.
20.--Ordinance No. 30 cf 1915, s. 20
The CHAIRMAN: The Secretary of Sinto- the same time to remove some of the
now inconvenience the and 2 Section 39 deals with offences. formalities that
The CHAIRMAN: This is for improve referred to us the question of reducing relating to perage tickets other than the ts in the nibordinate alicora quarter the expenses of the Imperial Instite. It import and export trade.
mpt is behoved that the community forging of tickets, Paragraph (6) of at Cox's Path, Kowloop moving she was agreed that we should pay £500, but might be repealed, but it makes kitchen from the house and adding an-through an overnight the estimate was left much bonest from the publications derives of these statistion, which have up to the the Ordinance morn complete to leave other room to the home, and improving at the old figure of $100, and this vote present bin compiled by the Imports sad these two sections untouchel, Exports Office with the help of the Im 21-Ordinance No: 2 of 1916, a 2. It the kitchen and latrines in the servants the Commities is in respect of last year
and this. we botter not to deal with the question quarters. portation and Exportation. Ordinancs,
of fake passporta
Approved.
Approved. 1916, Ordinance Ko, of 1918
The Governor recommended the Council to vote a suta of $4,300 in aid of the Public Works, Extraordinary, Kowloon,. (84) | Miscellaneous Works
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